INCLUSION
INTERNATIONAL

Some reflections, proposals and recommendations for
the IDA meeting on the Convention to Protect the Rights of Disabled
Persons

1. Background

Inclusion International has embarked on a process to develop a position
on the establishment of a proposed UN Convention to protect the rights of
persons with a disability. As part of this process we have tried to
understand first of all whether there are any NGOs working in the
disability field who are against a Convention. If so, why?

Our impression is that there are varying degrees of enthusiasm within
the international NGO scene but the train is already moving in the
direction of a convention. We are not aware of anybody any longer arguing
with a clear "No" against the Convention, but there seem to be a number of
NGO representatives saying: "yes, but…"

Trying to trace the "but"-arguments it appears that there is widespread
support for the so-called twin-track approach, i. e. to fight for a
Convention on the Rights of Disabled Persons, but not to give up the fight
to include persons with disabilities in already existing conventions, e.
g. the Convention on the Rights of the Child.

We would recommend broadening the discussion to talk about a
multi-track approach as an addition to the attempts to open the
discussions of the committees under the already existing conventions for
the benefit of disabled persons. For example this would mean supplementing
the Standard Rules and ensuring that the successful work of Bengt
Lindqvist and the Panel of Experts under the Standard Rules can be
continued.

If IDA accepts such a multi-track approach it will be necessary to
share the work and to talk about priorities. Some might focus on some
supplementary Standard Rules and others focus on the Convention on the
Rights of the Child, Education for All, electoral rights, etc.

Taking these points into account, Inclusion International believes that
a legally binding Convention on the Rights of Disabled Persons could
influence societies much more than the non-binding Standard Rules and the
long way to reach such a convention could, for many years, be used to
raise awareness on the rights, needs and problems of disabled persons.
Therefore, it is worthwhile to fight for such a convention and to
participate in this fight.

2. Protecting the Rights of Persons with an Intellectual Disability
and their Families

Persons with intellectual disability must be treated and accepted as
equal in terms of freedom and dignity. (See attached paper from EDF)

Persons with intellectual disability must be recognized as full
citizens of their country (human rights approach as full citizenship
includes full civil rights such as to vote, the right to marry, the
right to negotiate etc.).

Persons with intellectual disability must not be socially excluded
by incarcerating them in big institutions which, in many parts of the
world, means that their heads are shaved, that they are beaten and
deprived of any form of privacy .

This vision implies a strong link between the human rights movement and
the fight against poverty and social exclusion which is one of the main
tasks of ECOSOC and the UN Commission for Social Development.

3. Key human rights principles to be included in a Convention

Principle of autonomy and self-determination (as far as persons with
intellectual disability are concerned that means to abolish
paternalistic guardianship laws).

Principle of diversity

Principle of full citizenship

Principle of social inclusion

4. Other points to be considered

For people with an intellectual disability, inclusion is the means
to achieving human rights. A Convention must oblige state parties to
build inclusive systems (education, health care, etc.)

A new approach to building a convention would be to tie ratification
to development assistance and poverty reduction strategiesA convention
could recognize the role of civil society participation in transforming
communities-not just delivering services.